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Criminal Reference No. 100 of 1967, decided on 16th January 1970.
S. 167(81) read with Criminal Procedure Code (V of 1898), S. 517‑Disposal of seized goods Powers of Customs Authorities under S. 167(81), Sea Customs Act, 1878‑Survive even in cases of acquittal or discharge of accused by Magistrate‑Magistrate while acquitting accused giving them benefit of doubt and ordering return to them of case property Order of Magistrate regarding return of case property set aside and matter left to decision of Customs Authorities.
Sardar Fakhri Alam, Addl. A.‑G. for the State.
S. Masoom Shah for Respondents.
Date of hearing: 16th January 1970.
On 2‑8‑1965, the Customs Intelligence Officer arrested Ghulam Jafar and Ghulam Muhammad respondents 1 and 2 at the G. T. S. City Bus Stand, Peshawar, and were found in possession of allegedly smuggled pieces of gold, Exhs. P. 1 and P. 2, weighing 85 tolas 20 mashas. Ghulam Jafar and Ghulam Muhammad along with Haji Abdul Aziz were tried by Magistrate 1st Class, Peshawar, on a charge under section 167(81), Sea Customs Act. The trial Magistrate by his order dated 3.)‑11‑66 while giving the benefit of doubt to the accused, acquitted them under section 258, Cr. P. C. and ordered that the case property viz. gold pieces Exhs. P. 1 and P. 2 be returned to the owner from whose possession it were recovered. The Intelligence Officer Customs, Intelligence Investigation, Peshawar, through Public Prosecutor, Peshawar filed revision in the Court of the Sessions Judge, Peshawar, by the order dated 31‑3‑67, the Additional Sessions Judge, Peshawar, submitted the record to the High Court for setting a ide the order of the Magistrate and passing appropriate orders under the provisions of Sea Customs Act for the officers empowered there under, to pass the order regarding the confiscation or restoration of the gold pieces. This case along with other connected cases, wherein the same question arose, was referred to Full Bench of this Court. The question referred to the Full Bench was propounded as under: ---‑
"Whether the powers of confiscation under the Sea Customs Act survive to the Customs Authorities even in a case where the Magistrate acquits or discharges the accused holding the property not to be smuggled one, or to have contravened any of the restrictions or prohibitions on its import."
The Full Bench by its judgment dated 6‑11‑69 answered the question referred to in the affirmative.
2. In view of the decision of the Full Bench, while accepting the reference, the order of the Magistrate dated 30‑11‑66, regarding the return of the gold pieces Exhs. P. 1 and P. 2 is set aside. The gold pieces Exhs. P. 1 and P. 2 will be at the disposal of the Customs Authorities for adjudication according to the provisions of the Sea Customs Act.
A. E.
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